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YORK v. WAHKIAKUM SCHOOL DIST. NO. 200

No. 78946-1.

178 P.3d 995 (2008)

Hans YORK and Katherine York, parents of Aaron E. York and Abraham P. York; and Sharon A. Schneider and Paul A. Schneider, parents of Tristan S. Schneider, Appellants, v. WAHKIAKUM SCHOOL DISTRICT NO. 200; W. Robert Garrett, in his official capacity as superintendent of Wahkiakum School District No. 200; Frank Webb, Kari Kandoll, David Smith, Lee Tischer, Cathy Turgeon, in their official capacities as members of the Board of Directors of Wahkiakum School District No. 200; Wahkiakum County Department of Health; Anne Ozment, in her official capacity as director of the Wahkiakum County Department of Health; Wahkiakum County Board of Health; Ron Ozment, Dick Marsyla, and Esther Gregg, in their official capacities as members of the Wahkiakum County Board of Health, Respondents.

Supreme Court of Washington, En Banc.

Decided March 13, 2008.

Attorney(s) appearing for the Case

Aaron Caplan, American Civil Liberties Union of Washington Foundation, for plaintiffs/Appellants.

Eric B. Martin, Reed Smith LLP, Richmond, Natasha Shekdar Black, Davis Wright Tremaine, Seattle, for Appellants.

Frederick Alan Johnson, Cathlamet, for Respondents.

Karin Lisa Nyrop, Atty. Gen. Div./U. of Wash., Shannon Elizabeth Inglis, Attorney General's Office/Criminal Justice, Seattle, Carol A. Murphy, Attorney General's Office, Olympia, for Amicus Curiae (Attorney General).

David Zuckerman, Seattle, Daniel N. Abrahamson, Theshia Naidoo, Tamar Todd, Drug Policy Alliance, Berkeley, CA, for Amicus Curiae (Washington Education Assoc. and Drug Policy Alliance).

SANDERS, J.

¶ 1 The question before us is whether random and suspicionless drug testing of student athletes violates article I, section 7 of the Washington State Constitution.1

¶ 2 The Wahkiakum School District (school district) randomly drug tests all student athletes under the authority of Wahkiakum School Board Policy No. 3515 (policy 3515). Aaron and Abraham York and Tristan Schneider played sports for Wahkiakum High...

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